How to File for Divorce in Indiana (2026)
Reviewed by DocDraft Legal Team · Indiana · Last updated 2026-05-18
Filing for divorce in Indiana means working within Indiana's own rules on residency, grounds, property, and support. Indiana divides marital property under equitable distribution (a fair, not automatically equal, split), and the no-fault path is granted when the marriage is irretrievably broken. Before filing, note the residency rule: At least one party must have been a resident of Indiana, or stationed at a U.S. military installation in Indiana, for six months immediately preceding the filing; additionally, at least one party must have been a resident of the filing county (or stationed at a military installation in that county) for three months immediately preceding filing. This guide walks the Indiana-specific steps, forms, and statutes (Ind. Code § 31-15-2-3) you need.
Key Considerations
On spousal support, Indiana does not provide for traditional alimony but does authorize spousal maintenance in three narrow categories: incapacitated-spouse maintenance, caregiver-of-incapacitated-child maintenance, and rehabilitative maintenance for up to three years to facilitate education and training. The governing authority is Ind. Code § 31-15-7-2.
The asset question in a Indiana divorce is governed by fair-but-not-equal equitable-distribution. Equitable distribution with a presumption that an equal division of marital property is just and reasonable; the presumption may be rebutted by evidence of factors including each spouse's contribution to acquisition, the extent of property acquired before marriage or through inheritance/gift, the economic circumstances at the time of disposition, the conduct of the parties as related to disposition or dissipation, and the earnings or earning ability of the parties. The controlling authority is Ind. Code § 31-15-7-5.
Child support uses an income-shares model Income-shares model under Indiana Child Support Guidelines (Indiana Supreme Court Rules); both parents' weekly gross income is applied to the Schedule of Basic Child Support Obligations with adjustments for parenting time credit (overnights), health insurance, and work-related child-care The guideline lives at Indiana Child Support Guidelines (Indiana Supreme Court Rules), with the official calculator.
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Relevant Documents
In Indiana, Verified Petition for Dissolution of Marriage; statewide self-service forms published by the Indiana Judicial Branch Self-Service Legal Center
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Indiana Code § 31-15-2-3: Residency Requirement
To file for divorce in Indiana, either spouse must be a resident of the state for at least six months, and a resident of the county where filing for at least three months. This residency requirement must be met before the court has jurisdiction to hear your divorce case.
Indiana Code § 31-15-2-5: No-Fault Divorce
Indiana is a 'no-fault' divorce state, meaning you can file for divorce based on 'irretrievable breakdown of the marriage' without proving fault. However, Indiana also allows fault-based grounds including conviction of a felony, impotence, or incurable insanity.
Indiana Code § 31-15-2-13: Waiting Period
Indiana has a mandatory 60-day waiting period from the date of filing before a divorce can be finalized. This 'cooling off' period applies to all divorces, even if both parties agree to all terms.
Indiana Code § 31-15-7-4: Division of Property
Indiana follows an 'equitable distribution' approach to dividing marital property. The court starts with a presumption of a 50/50 split, but may adjust based on factors including length of marriage, contributions of each spouse, and economic circumstances.
Indiana Code § 31-16-8-1: Child Support Guidelines
Indiana uses the Income Shares Model for calculating child support, which considers both parents' incomes and the number of children. The Indiana Child Support Guidelines provide a formula that courts must follow unless there's good reason to deviate.
Indiana Code § 31-17-2-8: Child Custody Determination
When determining child custody, Indiana courts make decisions based on the 'best interests of the child' standard. Factors include the child's age and sex, parents' wishes, child's adjustment to home/school, and all individuals involved in the child's care.
Indiana Code § 31-15-7-5: Spousal Maintenance
Indiana courts may award spousal maintenance (alimony) in limited circumstances: if a spouse is physically or mentally incapacitated, lacks sufficient property to provide for needs, or is the custodian of a child whose condition prevents the custodian from working.
Indiana Code § 31-15-2-17: Summary Dissolution
Indiana offers a simplified divorce process if certain conditions are met, including: no children under 18, marriage less than 2 years, minimal assets/debts, no real property, and both parties agree to waive final hearing. This can expedite the divorce process.
Regional Variances
Northern Indiana
Lake County courts often have longer processing times for divorce cases due to higher caseloads. The county also has specific local rules requiring mandatory mediation before trial dates are set in contested divorces, which can extend the timeline by 30-60 days compared to other counties.
St. Joseph County has implemented a specialized Family Court Division that handles divorces with a focus on case management. They require additional financial disclosure forms beyond the state requirements and have stricter enforcement of parenting time guidelines.
Central Indiana
As Indiana's most populous county, Marion County has a unique divorce filing system with specialized commissioners handling preliminary matters. They have implemented an electronic filing system that differs from other counties, and contested custody cases are automatically referred to the Domestic Relations Counseling Bureau for evaluation.
Hamilton County has some of the most detailed financial disclosure requirements in the state, requiring documentation of all assets valued over $500 (compared to $1,000 in many other counties). The county also typically applies higher standards for determining child support in high-income cases.
Southern Indiana
Vanderburgh County courts have implemented a unique case management system for divorces involving children, requiring parents to complete additional parenting classes beyond the state minimum. The county also has specific local rules regarding temporary possession of the marital residence during proceedings.
Monroe County has established specialized procedures for handling divorces involving college expenses (relevant due to Indiana University's presence). The county also has more liberal interpretations of property division statutes, often considering future earning potential in ways other counties might not.
Suggested Compliance Checklist
Confirm the residency requirement before filing
Before filing days after startingAt least one party must have been a resident of Indiana, or stationed at a U.S. military installation in Indiana, for six months immediately preceding the filing; additionally, at least one party must have been a resident of the filing county (or stationed at a military installation in that county) for three months immediately preceding filing (Ind. Code § 31-15-2-6).
Identify the legal grounds in the petition
Before filing days after startingDissolution may be decreed on a finding of: (1) irretrievable breakdown of the marriage (the standard no-fault ground); (2) conviction of either party, subsequent to the marriage, of a felony; (3) impotence existing at the time of marriage; or (4) incurable insanity of either party for at least two years. See Ind. Code § 31-15-2-3.
Start the action: file the petition with the court
At filing days after startingVerified Petition for Dissolution of Marriage; statewide self-service forms published by the Indiana Judicial Branch Self-Service Legal Center Expect a filing fee of approximately $157 base filing fee for a dissolution petition statewide, with counties adding up to $20 in supplemental fees (Marion and Clark Counties charge $177 total). A fee waiver is available: Verified Motion for Fee Waiver under Ind. Code § 33-37-3-2 waives filing fees when total household income is at or below 125% of federal poverty guidelines.
Plan for the mandatory timing rule
After filing days after starting60 days from the filing of the petition before a final hearing may be conducted; this waiting period is mandatory and cannot be waived Set by Ind. Code § 31-15-2-10.
Exchange financial disclosures and serve the other spouse
After filing days after startingServe the petition and any required financial-disclosure forms, then file proof of service before the matter is heard.
Close out the case
Final step days after startingWith the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the residency requirement before filing | At least one party must have been a resident of Indiana, or stationed at a U.S. military installation in Indiana, for six months immediately preceding the filing; additionally, at least one party must have been a resident of the filing county (or stationed at a military installation in that county) for three months immediately preceding filing (Ind. Code § 31-15-2-6). | - | Before filing |
| Identify the legal grounds in the petition | Dissolution may be decreed on a finding of: (1) irretrievable breakdown of the marriage (the standard no-fault ground); (2) conviction of either party, subsequent to the marriage, of a felony; (3) impotence existing at the time of marriage; or (4) incurable insanity of either party for at least two years. See Ind. Code § 31-15-2-3. | divorce-petition | Before filing |
| Start the action: file the petition with the court | Verified Petition for Dissolution of Marriage; statewide self-service forms published by the Indiana Judicial Branch Self-Service Legal Center Expect a filing fee of approximately $157 base filing fee for a dissolution petition statewide, with counties adding up to $20 in supplemental fees (Marion and Clark Counties charge $177 total). A fee waiver is available: Verified Motion for Fee Waiver under Ind. Code § 33-37-3-2 waives filing fees when total household income is at or below 125% of federal poverty guidelines. | divorce-petition | At filing |
| Plan for the mandatory timing rule | 60 days from the filing of the petition before a final hearing may be conducted; this waiting period is mandatory and cannot be waived Set by Ind. Code § 31-15-2-10. | - | After filing |
| Exchange financial disclosures and serve the other spouse | Serve the petition and any required financial-disclosure forms, then file proof of service before the matter is heard. | - | After filing |
| Close out the case | With the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage. | - | Final step |
Frequently Asked Questions
At least one party must have been a resident of Indiana, or stationed at a U.S. military installation in Indiana, for six months immediately preceding the filing; additionally, at least one party must have been a resident of the filing county (or stationed at a military installation in that county) for three months immediately preceding filing. This is set by Ind. Code § 31-15-2-6.
Dissolution may be decreed on a finding of: (1) irretrievable breakdown of the marriage (the standard no-fault ground); (2) conviction of either party, subsequent to the marriage, of a felony; (3) impotence existing at the time of marriage; or (4) incurable insanity of either party for at least two years. The governing statute is Ind. Code § 31-15-2-3.
Indiana uses equitable distribution (a fair, not automatically equal, split). Equitable distribution with a presumption that an equal division of marital property is just and reasonable; the presumption may be rebutted by evidence of factors including each spouse's contribution to acquisition, the extent of property acquired before marriage or through inheritance/gift, the economic circumstances at the time of disposition, the conduct of the parties as related to disposition or dissipation, and the earnings or earning ability of the parties. See Ind. Code § 31-15-7-5.
approximately $157 base filing fee for a dissolution petition statewide, with counties adding up to $20 in supplemental fees (Marion and Clark Counties charge $177 total) Verified Motion for Fee Waiver under Ind. Code § 33-37-3-2 waives filing fees when total household income is at or below 125% of federal poverty guidelines
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